Sexual offences/assaults have become increasingly prevalent in the city of Calgary and its surrounding area. While the public often considers a sexual assault to be synonymous with rape, such is not always the case. A sexual assault is defined as a non-consensual application of force that is sexual in nature.
Our Court of Appeal has recently stated that a sexual assault covers a wide range of prohibited actions from a stolen kiss to the worst forms of human degradation. With the large variation in charges for this subject, our sexual offence lawyers have years of experience to best help you.
The largest component of our practice is the defence of individuals charged with sexual offences. Very few charges carry the stigma and jeopardy associated with sexual assault allegations. The consequences flowing from a conviction are substantial and will often involve jail as well as a sexual offender designation. The stakes are truly high and the prosecutions are unlike any other Criminal Code.
The term sexual assault is very broad and encompasses a wide variety of conduct. While the public often consider a sexual assault to be synonymous with a rape, such is not always the case. An assault is defined as a non-consensual application of force. When the touching occurs with a sexual intent, it becomes a sexual assault. Our Court of Appeal has has stated that a sexual assault covers a wide range of prohibited actions from a stolen kiss to the worst forms of human degradation.
As this area of the law has developed, these prosecutions have resulted in numerous pre-trial applications to determine the scope of cross-examination. Sexual allegations are unique as permission from the Court must be sought to cross-examine the complainant on certain points. Further, issues such as consent, mistaken belief of consent, prior consistent statements, and recent fabrication can be confusing when first encountered. This is why retaining experienced defence counsel is so imperative when facing this most serious of charges. In a sexual prosecution, nothing can be left to chance and competent counsel is a must.